TERMS AND CONDITIONS
The following Terms and Conditions shall conduct the relations between Seller and Users (Clients) who are using the online store – www.smartwheels.store for purchasing of goods. By using the website, including actions such as clicking on object, picture or link (different of those in the present Terms and Conditions) or button, located on the website www.smartwheels.store it shall be deemed that the User has read and accepted the present Terms and Conditions and has given his/her explicit consent for concluding of a distant Agreement for purchasing goods. The present Terms and Conditions comply with the requirements set by the Consumer Protection Act, as well as with the other legislative acts pursuant the Bulgarian legislation.
The present Terms and Conditions can be modified and updated unilaterally by the Seller XION LTD on the website www.smartwheels.store at any time. These changes take effect immediately and are mandatory for each User. For each change of the present Terms and Conditions, XION LTD will inform the users of www.smartwheels.store by publishing the changes on the website www.smartwheels.store.
“Seller” means “XION“ LTD, UIC 206115285, a company incorporated in Bulgaria, having its seat and address at: Sofia, 1 Nelson Mandela Street, which company operate the website of www.smartwheels.store – online platform for purchasing of goods. The Seller is the entity party to the Distant Purchase agreement with the Users of the online platform for purchasing of goods form the online store.
“User” means a natural person having full capacity, who has accepted the present Terms and Conditions.
“Online Store” means the website – www.smartwheels.store, which is used as online platform for offering/purchase of goods and concluding agreement between the Seller and the User for purchasing goods.
"Goods / Goods” means any product available for sale on the website www.smartwheels.store subject to the distance agreement for purchasing of goods.
“Order” means any request of the User to the online store for purchase of one or more particular goods (commodities). The order shall be packed and sent by courier to preliminarily defined by the User address.
“Purchase Agreement” (hereinafter referred to as the Agreement) shall be deemed the distance agreement for purchasing of goods concluded between the Seller and the User by purchasing from the online store - www.smartwheels.store.
“Courier” mean a merchant (supplier) that shall deliver the purchased goods to address defined by the User. The Courier shall carry out its business activity in accordance with the Post Services Act.
“Booklet/Notification” is online informational message regarding the goods in the online store for a particular time period.
1.1. The following may purchase goods from the online store: natural persons in full capacity, who had reached the age of 18 or entities, duly incorporated pursuant to the applicable legislation.
1.3. Once filling of the order form is completed by the User, an Agreement for purchase of goods through the online store between the User and the Seller shall be deemed concluded under the conditions set out in the present Terms and Conditions. For every purchase made by the User upon filling the order form the present Terms and Conditions shall be applicable.
1.4. The Seller shall allow the use of the online store only if the data provided by the User under item 1.2 above is valid and genuine.
1.5. As a result of the order form filled in and applied by the User, a User’s account is created by the Seller with a username corresponding to the e-mail address specified in the order form.
1.6. The User account contains the data listed in the order form. In the event of any change in the data provided, the User should immediately update the data upon filling in the respective order form available online on www.smartwheels.store. The User is not allowed to delete the data referred to in item 1.2 or to give false or incomplete information while using the services provided by the Seller. For each account a separate e-mail address must be set.
1.7. The User can have more than one account but they cannot be used for activities that violate the present Terms and Conditions.
2.1. The use and browsing of the online store www.smartwheels.store is completely free and accessible from all parts of the world.
2.2. Registration is not required to purchase from the online store www.smartwheels.store. The User simply has to place an order that is completely free. After successfully placed order, the User gets the opportunity to benefit from all the services of the store by using the created account.
2.3. The specified price, the main characteristics of the product and additional information aimed to help the User make an informed choice when buying a product are provided on www.smartwheels.store for each item.
2.4. All the prices on the site are in € Euros including all taxes when the purchased goods will be delivered on the territory of Bulgaria. These prices do not include the fees under item 5.5 below, as well as delivery costs pursuant to item 6.5 of the present Terms and Conditions. They are borne separately by the User.
3.1. In order to purchase goods from the online store, the User shall fill the required data on Seller’s website.
3.2. The data provided by the User upon User’s order are being used for the delivery of the purchased goods. By making an order, the User gives his/her explicit consent to the Seller to contact the User in every possible way when such contact is required in connection with the order.
3.3. Upon successful purchase, the User receives an order confirmation via e-mail. The confirmation email includes information regarding the unique order number, date on which the order was made, the purchased goods and their price.
3.4. If the ordered product (the specific model) is not available, the Seller shall notify the User via e-mail. In case the User does not agree the ordered product to be replaced with another product (a similar model), the order may be cancelled.
3.5. Orders from the online store www.smartwheels.store are accepted 24 hours a day, 7 days a week, but are being processed within 48 hours of receipt, only on the official working days in the Republic of Bulgaria.
3.6. Orders, made via an account that contains inaccurate or incomplete data pursuant to the present Terms and Conditions, are considered void. If possible, the Seller sends an email to notify about the inaccurate or incomplete data.
3.7. Before the goods are handed over to a Courier, the User shall be able to cancel the order within 14 days as of the order, without mentioning any justifications for the cancelation. If the goods already handed over to the Courier, then the rules in Section 7 apply.
3.8. Cancelation of orders can be made via email sent to the specified on www.smartwheels.store email address: firstname.lastname@example.org, via filling in the Return form received by the User along with the goods ordered or through another explicit application, unless the ordered goods have not been delivered to a Courier for sending to the User at the time of the cancelation. For valid cancelation in the cancelation email the User must provide the Seller with the following information: the unique order number, the names and the email address provided upon making the order, as well as the price of the order.
4.1. Delivery is made only for validly ordered goods.
4.2. The Seller is entitled to refuse to execute the order made by the User, for which the Seller shall notify the User. The cancellation of the order does not involve any liability or obligation of any of the parties except for the obligations under item 7.3 below provided that the product has already been paid by the User.
4.3. The terms and conditions and the delivery charges are determined by the Courier. The terms and conditions and the delivery charges are available on the Courier webpage, which can be accessed through its active (link) name in the text below each product.
4.4. The charges for the delivery of the ordered goods are not included in the specified price for the product. The cost of delivery is determined by type of product and place of delivery according to the tariffs of the Courier.
4.5. With each order made, the User gives his/her express consent to pay the total order value, including the cost of delivery under the terms and the tariff of the Currier.
4.6. The dispatch of ordered goods takes place from Monday to Friday excluding the days of official and national holidays in the Republic of Bulgaria, after receiving of the payment.
4.7. Upon sending the ordered goods, the User receives a confirmation email with a link to the Courier delivery system and a bill of lading number for sending the ordered goods, through which, by using the Courier’s site and system the User can track the movement of the ordered goods until their arrival as well as the total cost of delivery.
4.8. The delivery is made to the address specified by the User in the order form.
4.9. Each shipment is insured where insurance is paid by the User and it is included in the delivery price.
4.10. If the User does not provide access and conditions needed for delivery of the goods at the specified address within the period of delivery, the Seller shall be relieved from the obligation to perform the delivery under the Agreement and the present Terms and Conditions. In this case the delivery and return costs of the Courier are at the account of the User.
6.1. Payment of ordered goods can be carried out in the manner described in item 6.1.1 and item 6.1.2 below.
The possible ways of payment are as follows:
6.1.1. Bank transfer or Revolut - preffered payment.
6.1.2. Through PayPal – for delivery abroad.
6.1.3. Cash on delivery - payment in cash to the courier upon delivery within the territory of Republic of Bulgaria, Romania and Greece.
6.1.4. Leasing through a financial institution - Offered only in Bulgaria.
6.2.The price of each item can be changed at any time. For each ordered product the User has to pay the price specified at the online store at the time of order.
6.3. The delivery of ordered goods is not included in the price specified at the online store and is to be paid separately in the amount determined by the Courier according to its terms and tariffs and according to the weight of the ordered goods as well.
6.4. Costs related to duties, taxes and other fees in connection with ordered goods that shall be delivered outside the territory of the Republic of Bulgaria shall be paid by the User under the applicable law of the State in the territory of which the product is to be delivered. The aforementioned costs are not due by the Seller in any case.
6.5. Upon payments through PayPal the Seller does not bear any responsibility for any additional costs associated with fees, commissions or other additional payments made by the User or his/her bank in connection with the transaction itself or exchange taxes applied by the bank in cases where the currency of the bank transfer is different from EUR. Costs associated with such payments are to be borne only by the User.
6.6. Invoices are issued only in the name of the user who placed the order.
7.1. The User has the right to withdraw from the contract within 14 days of receipt of goods, where the User may use the Return Form which the User has also received along with the goods and check in the Return form that the User exercises his/her right to withdraw from the contract.
7.2. Upon withdrawal of the contract the User is obliged to return the goods purchased in undisturbed integrity and quality with preserved packaging and label and the cost of returning the goods are borne by the User.
7.3. Upon withdrawal, if the User has paid the goods, the Seller shall reimburse the amount to the User in any of the ways provided in item 7.4 below within 14 /fourteen/ days after the Seller was notified for withdrawal of the contract. No refunds shall be made until the Seller receives the returned goods or until the User provides the Seller with evidence that the goods are dispatched back.
7.4. The User may choose the reimbursement of the paid amounts to be made in either of the following ways: (a) by bank transfer to a bank account appointed by the User; this reimbursement will not involve any additional costs for the User except for eventual costs under item 6.5 above; or (b) with the "cash on delivery" via courier (for Users in Bulgaria, Romania and Greece only). The costs associated with the transfer of the amount on the bank account specified by the User, are for the account of the Seller. Courier costs associated with the return of goods are for the account of the User.
7.5. The right of withdrawal cannot be exercised for the delivery of sealed goods which were unsealed after delivery and are not suitable for return due to hygiene reasons or health protection.
7.6. In case of discrepancy between of the received and the ordered goods, the User is entitled to bring a claim, asking the Seller to send goods in accordance with the order made. In bringing a claim the User must apply documents on which the claim is based (e.g. receipt, etc.). That discrepancy can be:
7.7. The claim under item 7.6 shall be brought within two years as of delivery of the goods, but not later than two months from the detection of non-compliance with the agreed. The claim under item 7.6 may be brought before XION LTD via the following e-mail address: email@example.com, or upon filling in the Return from received by the User along with the goods received, while the User must return back the goods to the Seller.
7.8. The User shall return the goods for refund instead. The Seller shall return to the User the sum paid by the latter via any of the following options: (a) by bank transfer to a bank account appointed by the User; such reimbursement will not involve any additional costs for the User except for eventual costs under item 6.5 above; ; or (b) with the "cash on delivery" via courier (for Users in Bulgaria, Romania and Greece only).The User cannot claim for rescission of the Agreement if the non-conformity of the ordered goods with the Agreement is negligible.
7.9. The return of the goods under in cases excluding manufacturing defect is carried out under the following conditions:
7.10. The return of the goods can be made in the manner and at the address specified in the Form of return which the User has received with the goods.
7.11. The transport costs are borne by the User in both directions, unless the return is due to fault of the Seller.
8.1. All information, including photos, presentations and descriptions of the goods, published on the website www.smartwheels.store, is property of XION LTD.
8.2. Copying texts from www.smartwheels.store and publishing them on other websites and/or other online stores without the explicit written consent of XION LTD, without citing the source and/or without placing a link to www.smartwheels.store is forbidden.
9.1. The Seller is liable for any shortcomings of the goods, non-performance of the Agreement, as well as any refunds due to Sellers fault.
9.2. The Seller is not liable in case the goods are not delivered, are delayed and / or damaged during delivery by Courier.
9.3. Seller is not responsible for any damage incurred by the User and cause by third parties that, without being authorized, acted as representatives on behalf of XION LTD.
9.4 Seller is not responsible for any damage incurred by the User or third party as a result of force majeure or that are beyond the control of the Seller.
9.5. In all other cases the Seller's liability is limited to the value of ordered and paid goods.
9.6. The User shall inform XION LTD in the presence of any frauds pursuant to item 9.3, by using available forms of contact
10.1. Upon conclusion of Purchase Agreement the Seller is entitled to process personal data provided by the User upon making the User's order, as needed for performance of the Purchase Agreement, unless an explicit request for User's consent for personal data processing is available on the website of the Seller.
10.2. The activity of the Seller is in compliance with the requirements under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), where the relevant information with regard to personal data protection is available on the website of the Seller www.smartwheels.store.